Lovingly

Terms of Service

Last updated: February 2026

INTRODUCTION

These terms of service (the "Terms") cover your use of and access to https://lovingly.ai and its associated domains (the "Website"). Lovingly, LLC and its related companies (collectively, "we," "us" or "Lovingly") operate the Website.

Lovingly is a software company that provides software as a service solutions. The Website is a corporate website that provides information about Lovingly and its services. You may use the Website to learn about our company, review information about our services, and submit inquiries through our contact form. No products or services can be purchased directly through the Website. To the extent you use the Website, the Terms will refer to you as "Visitor."

BINDING AGREEMENT

The Terms form part of a binding contract between you and Lovingly. By using or accessing the Website, you are agreeing to both the Terms and our Privacy Policy at https://lovingly.ai/privacy (collectively, this "Agreement"). If you use or access the Website in your capacity as a representative or employee of an organization, you agree to this Agreement on that organization's behalf and you represent and warrant that you have the authority to do so. References to "you," "your" or similar terms in this Agreement refer to the individual or organization agreeing to the Terms.

PLEASE READ THIS AGREEMENT CAREFULLY. IT INCLUDES IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT ACCEPT THIS AGREEMENT, WE DO NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER, AND YOU MAY NOT USE OR ACCESS THE WEBSITE.

ELIGIBILITY REQUIREMENTS

Minimum Age

You must be 18 years of age or older to use the Website. If you are under the age of 18, please discontinue use of the Website immediately. Lovingly reserves the right to ask for proof of age and to withhold or terminate your use of the Website if you are below the specified age requirement.

Legal Capacity

You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are representing a corporation or other legal business entity, you hereby represent and warrant that such entity is validly formed and existing under the laws of its jurisdiction and that you are duly authorized as its agent to bind it to this Agreement.

Geographic Limitations

Accessing or using the Website may be prohibited or restricted in certain countries. If you access or use the Website from outside of the United States, you are responsible for complying with the laws and regulations of the country, territory or jurisdiction from which you access or use the Website. By accessing or using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of, as the case may be, any person, organization or country which the United States has (i) identified as a "Specially Designated National," (ii) placed on the Commerce Department's Table of Deny Orders or (iii) specified as the target of a commercial embargo.

PRIVACY

Personal Information

If you choose to submit an inquiry through our contact form, you may be asked to provide certain personal information such as your name, email address, company name, and details about your inquiry. We do our best to handle your personal information in a secure and responsible manner, as detailed in our Privacy Policy at https://lovingly.ai/privacy. By using the Website you agree to the terms specified in our Privacy Policy.

Data Collection

In addition to information you voluntarily provide, we may automatically collect certain information about you such as your IP address, browser type, and the duration of your visit to the Website. This information is used to improve the Website and your experience.

VISITOR CONTENT

Ownership

You might occasionally submit content or information to the Website in the course of submitting inquiries or otherwise communicating with us. Such content includes, without limitation: text, messages, and any other materials ("Visitor Content").

You represent and warrant that you own all rights to your Visitor Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your Visitor Content via the Website in the manner required by this Agreement. If we use your Visitor Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights.

License to Your Content

When you upload or provide Visitor Content to the Website, you grant Lovingly (including third party service providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, delete, create derivative works of, publish and distribute the Visitor Content for the limited purposes of responding to your inquiry, providing, improving, promoting and protecting the Website. This paragraph does not affect any rights you may have under our Privacy Policy or applicable data protection laws.

ACCEPTABLE AND PROHIBITED USE

Legal Use

You represent and warrant that your use of the Website is not contrary to law, including, without limitation, applicable privacy laws, export or import controls and sanctions. You may not use the Website where prohibited by law.

Unowned or Unlicensed Content

Certain content on the Website may be protected by others' intellectual property, trade secret or other rights. You shall not copy, upload, download or share content unless you have the right to do so.

Interfering with the Website

You agree not to interfere with or disrupt the Website or servers, networks or devices connected to the Website, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You shall not inject content or code or otherwise alter or interfere with the way the Website is rendered or displayed in a user's browser or device. In addition, you agree not to:

  • probe, scan or test the vulnerability of any system or network;
  • breach or otherwise bypass any security or authentication measures;
  • access, tamper with or use non-public areas or parts of the Website, or shared areas of the Website that Lovingly has not invited you to access;
  • take apart, decompile or reverse engineer any part of the Website in an effort to access things such as source code or algorithms;
  • access, search or create accounts for the Website by any means (for example, scraping, spidering or crawling) other than our publicly supported interfaces; or
  • take action that imposes an unreasonable load on our infrastructure or that of our third party providers (where Lovingly reserves the right to determine what is reasonable or unreasonable).

Deceptive, Fraudulent and Criminal Behavior

When using or accessing the Website, you agree not to:

  • act in a way that is false, fraudulent, inaccurate or deceiving;
  • impersonate another person, company or entity;
  • infringe or misappropriate anyone's copyright, trademark or other intellectual property rights or to violate anyone's privacy or publicity rights;
  • threaten, harass or abuse any individuals;
  • incite violence;
  • publish sexually explicit or obscene material;
  • condone or promote self-harm;
  • condone or promote violence against any person or group based on race, ethnicity, nationality, religion, gender, gender identity, sexual preference, age or disability; or
  • violate any laws through your use of the Website, including, without limitation, all local laws regarding online conduct and acceptable content.

Consequences of Prohibited Use

If we conclude, at our sole discretion, that you have misused the Website, we may take action against you. We do our best to ensure fair outcomes, but in all cases, we reserve the right to remove any content or restrict your access without liability or notice to you, at any time and for any reason (except where prohibited by applicable law).

You may report violations of these guidelines directly to Lovingly by emailing help@lovingly.ai.

THIRD PARTY SERVICES, SITES AND CONTENT

Third Party Services

The Website may be integrated with various third party services and applications (collectively, "Third Party Services"). These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We do not control Third Party Services, and we are not liable for the actions of any Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We are not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result (except where prohibited by applicable law).

Third Party Sites

The Website may contain links to third party sites. When you access third party sites, you do so at your own risk. We do not control and are not liable for any part of those sites or any actions of such third parties.

Third Party Content

The Website may contain content: (1) that is offensive or objectionable; (2) that contains errors; (3) that violates intellectual property, trade secret, privacy, publicity or other rights or the good name of you or third parties; (4) that is harmful to your or others' computers or networks; (5) that is unlawful or illegal; or (6) the downloading, copying or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy or other laws. We do not endorse such content, or represent that we believe such content to be accurate, useful, lawful or non-harmful. You are responsible for taking precautions to protect yourself, and your computer or network, from content accessed via the Website.

LOVINGLY'S INTELLECTUAL PROPERTY

The Website

Lovingly and its licensors own and hereby retain all proprietary rights in the Website. The Website is protected by copyright, trademark and other US and foreign laws. This Agreement does not grant you any right, title or interest in the Website, our trademarks, logos or other brand features or intellectual property or trade secrets or others' content in the Website. You agree not to change, translate or otherwise create derivative works of the Website or others' content.

Lovingly Can Use Your Feedback

To the extent that you give us feedback, comments, or suggestions concerning the Website (collectively, "Feedback"), you acknowledge and agree that all Feedback is Lovingly's sole and exclusive property. You agree to irrevocably assign and transfer to us, and hereby do assign and transfer to us all of your right, title, and interest in and to the Feedback, including all intellectual property rights therein. To the extent that the foregoing assignment is ineffective for whatever reason, you agree to grant and hereby grant to Lovingly a non-exclusive, perpetual, irrevocable, royalty free, worldwide license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform and otherwise exploit such Feedback without restriction. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining our intellectual property rights in and other legal protections for the Feedback.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on the Website infringe your copyright, you may request removal of those materials (or removal of access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the "DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Lovingly, LLC
Attn: Copyright Agent
20 Corporate Park Dr. STE B
Hopewell Junction, NY 12533

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate access for users who are repeat infringers.

TERM AND TERMINATION; RESERVATION OF RIGHTS

This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time by discontinuing use of the Website.

We reserve the following rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (1) we may change parts or all of the Website and its functionality; (2) we may suspend or discontinue parts or all of the Website; and (3) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Website.

Any future release, update or other addition to the Website shall be subject to this Agreement. Lovingly reserves all rights not explicitly granted in this Agreement.

All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation: Visitor Content, Lovingly's Intellectual Property, Digital Millennium Copyright Act Notice, Disclaimer of Warranty, Limitation of Liability, Indemnification, Alternative Dispute Resolution and Additional Terms.

DISCLAIMER OF WARRANTY

THE WEBSITE AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER LOVINGLY NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "LOVINGLY PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE WEBSITE; (2) THE CONTENT OF THE WEBSITE; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO LOVINGLY OR VIA THE WEBSITE. IN ADDITION, THE LOVINGLY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE LOVINGLY PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR-FREE; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE LOVINGLY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE LOVINGLY PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE LOVINGLY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT.

BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.

THE LOVINGLY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

LIMITATION OF LIABILITY; WAIVER

UNDER NO CIRCUMSTANCES WILL THE LOVINGLY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE WEBSITE; (2) ANY CONTENT ON THE WEBSITE; (3) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (4) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE LOVINGLY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE WEBSITE; (5) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (6) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S OPERATION; OR (7) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. SUCH LOSSES OR DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE LOVINGLY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE LOVINGLY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF LOVINGLY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE LOVINGLY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE LOVINGLY PARTIES.

BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

LOVINGLY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

INDEMNIFICATION

You agree to defend (at Lovingly's request), indemnify and hold harmless Lovingly, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or those conducted on your behalf): (i) your content or your access to or use of the Website; (ii) your breach or alleged breach of this Agreement; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully as required by Lovingly in the defense of any claim. Lovingly reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Lovingly.

ALTERNATIVE DISPUTE RESOLUTION

Applicability

This section applies only to Visitors who are: (1) US citizens, (2) non-US citizens who are not EU residents and (3) EU residents who bring any claim against Lovingly in the US.

Informal Resolution

You agree to attempt to resolve any claims directly with Lovingly prior to filing such claims or initiating a formal proceeding with any court, governmental agency or other third party. To work with Lovingly directly, please email legal@lovingly.ai with a description of your claim. We will try to resolve the dispute directly via email, phone or other methods. If we cannot resolve the claim or dispute within thirty (30) days of our receipt of your first email, you or Lovingly may then bring a formal proceeding.

Arbitration Agreement

You agree that any controversy, claim or dispute arising out of or relating to this Agreement, or the breach thereof, will be resolved by final and binding arbitration under the rules of the American Arbitration Association in an arbitration proceeding conducted in White Plains, New York. Except as otherwise provided in this Agreement, both you and Lovingly waive any right to adjudicate any dispute in any other court or forum, except that a party may seek interim relief before the start of arbitration in a state or federal court sitting in White Plains, New York, to protect its confidential information. Both you and Lovingly shall abide by any decision in the arbitration and any court having jurisdiction may enforce it. Both you and Lovingly submit to the jurisdiction of the federal and state courts sitting in White Plains, New York to compel arbitration or to confirm an arbitration award. The prevailing party shall be entitled to reimbursement of attorney fees and costs. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Lovingly's performance under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall abridge Lovingly's rights to comply with any governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Lovingly with respect to such use.

Right to Opt Out

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your first use of the Website. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

No Class Actions

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE USED THE WEBSITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND LOVINGLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Enforceability

If any provision of this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with Lovingly must be filed within one (1) year after you first know, or reasonably should have known of the act, omission or default giving rise to the claim; otherwise, your claim is permanently barred. If applicable law prohibits a one (1) year limitation, any claim must be asserted within the shortest time period permitted by applicable law.

ADDITIONAL TERMS

Entire Agreement

This Agreement, which includes the Terms and the Privacy Policy, constitutes the sole and entire agreement between you and Lovingly regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Third Party Rights

This Agreement does not confer any third-party beneficiary rights.

Notices

We may provide any notice to you under these Terms by: (1) sending a message to the email address you provide or (2) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To give us notice under these Terms, you must contact us as follows: (i) by writing to legal@lovingly.ai; or (ii) by personal delivery, overnight courier, or registered or certified mail to:

Lovingly, LLC
Attn: Legal Department
20 Corporate Park Dr., Suite B
Hopewell Junction, NY 12533

We may update our email address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Assignment

You will not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Lovingly. Any purported assignment or delegation by you without the appropriate prior written consent of Lovingly will be null and void. Lovingly may assign this Agreement or any rights hereunder without your consent. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement.

Waiver and Severability

No waiver by Lovingly of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lovingly to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Modifications

We may modify this Agreement from time to time, and will always post the most current version on our Website. If a modification meaningfully reduces your rights, we will notify you (by, for example, sending you an email or displaying a prominent notice within the Website). The notice will designate the date on which the modifications become effective. Modifications will never apply retroactively. By continuing to use or access the Website after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Website.

Events Beyond Lovingly's Control

We are not in breach of this Agreement or liable to you if there is any total or partial failure of the Website resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.

Governing Law; Venue

If there is any dispute arising out of the Website, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without giving effect to its conflict of laws principles and excluding that body of law known as the United Nations Convention on Contracts for the Sale of Goods. You acknowledge and agree that any violation of this Agreement may cause Lovingly irreparable harm, and therefore agree that Lovingly will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Lovingly may have for a breach of this Agreement.

Translation

This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.